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An Analysis of the Causes of Human Rights Violations in Oyu-Tolgoi Mining Industry in Mongolia

Delger Batnyam

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초록 moremore
This thesis aims to analyze the causes of extractive industry driven human rights violations in Mongolia. As results of globalization and neoliberalism, in Mongolia has been occurred diverse socio- economic and human rights issues. Especially, TNCs is pushing their goals and business into Mongolian ...
This thesis aims to analyze the causes of extractive industry driven human rights violations in Mongolia. As results of globalization and neoliberalism, in Mongolia has been occurred diverse socio- economic and human rights issues. Especially, TNCs is pushing their goals and business into Mongolian economic space which creates complicity between TNCs and Mongolian government. Moreover, due to this problem Mongolian mining sector politicized, corrupted and mining is herder violated by mining activities. In addition, the study creates an argument which is the silent human rights violation especially among the Mongolian herders. By recommendations of Mongolian and international professors consider that herders need to be considered as an indigenous people category. The OT mining company doesn’t want to consider that herders are as indigenous. This study analyzes the main reasons why that TNCs and Mongolian government ignore that Mongolian people’ rights as well as that herder are recognized as indigenous people.
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ACKNOWLEDGMENTS i
CONTENTS ii
ACRONYMS iii
...
ACKNOWLEDGMENTS i
CONTENTS ii
ACRONYMS iii
LIST OF MAPS & FIGURES iv
ABSTRACT v

CHAPTER1. MAPPING THE STUDY 10
1.1. Introduction 10
1.2. Background 11
1.3. Objectives of the study 15
1.4. Research methodology 16
1.5. The structure of Thesis 16
1.6. Limitations of the study 17

CHAPTER2. THEORETICAL FRAMEWORK OF THE STUDY 17
2.1. Conceptualizing Human Rights 17
2.1.1. The Notion and idea of Human Rights 18
2.1.2. General Characteristics of Human Rights 19
2.2 Identifying the subject of Study 20
2.2.1. Describing Indigenous Peoples 20
2.2.2 Recognizing the Mongolian herders in mining area as indigenous people 23
2.3. Indigenous Peoples Human Rights under International Law 25
2.3.1. Indigenous Peoples Human Rights under United Nation Declaration 25
2.3.2 Indigenous Peoples Human Rights under ILO 25

CHAPTER3. THE HUMAN RIGHTS SITUATION IN EXTRACTIVE SECTOR IN MONGOLIA 26
3.1 Mongolia mining map 26
3.1.1 Mining in Mongolia 26
3.1.2 Land and mining laws of the Mongolia 27
3.1.3 Mining in the economy of Mongolia 28
3.1.4 Oyu-Tolgoi mining in Indigenous territories 29
3.2 Mining industry driven key human rights issues 31
3.2.1 Mining industry driven human rights violations in Mongolia 31
3.2.2 Environmental impacts & conflicts 34
3.2.3 Transnational companies and Indigenous relations 37

CHAPTER4. FINDING THE KEY HUMAN RIGHTS VIOLATION CAUSES IN THE EXTRACTIVE SECTOR OF MONGOLIA 38
4.1 Analyzing the human rights key issues in terms of Oyu-Tolgoi mining 38
4.1.1 Human rights violation on herders in mining area 39
4.1.2 Human rights violation among the staff of Oyu-Tolgoi mining 40
4.1.3 Case study on Oyu-Tolgoi staff labor exploitation 42
4.2 Internal causes of human rights violations 44
4.2.1 Mongolian government unaccountability on the extractive sector 44
4.2.2 Politicizing mining its creates human rights violation among the nations 45
4.3 External causes of human rights violations 48
4.3.1 TNCs social irresponsibility 48
4.3.2 TNCs and their trespassing of the laws 49
4.3.3 Mongolia is becoming victims of the Globalization and Neoliberalism impacts 50
4.3.4 State a lack of responsibilities for TNCs 51

CHAPTER5. CONCLUSION AND RECOMMENDATIONS 53
5.1.1 Reconsidering Mongolian Constitution 54
5.1.2 Considering in mining area herder as Indigenous people 56
5.1.3 The new insight of NGOs and advocates 57

REFERENCES 58

Books and Articles 58

Internet Web Pages 59